US salons will employ more than 100,000 workers by 2022

Many nail salon workers are women of reproductive age who may be exposed to toxic chemicals.

Many nail salon workers are women of reproductive age who may be exposed to toxic chemicals.

When New York City Public Advocate Letitia James, JD, announced that her office was releasing a report on nail salons last year, it was anything but a frivolous task.

The policy report, “How Safe is Your Nail Salon?,” released in September, took a look at health and safety practices for both consumers and workers in New York City’s nail salons.

And with more than 2,000 businesses licensed to do manicures and pedicures in the city alone, the health of a large swath of the public is affected. In New York, the salons are regulated by the state — which has just 27 inspectors to help maintain their safety, James told The Nation’s Health.

The health and wellness of nail salon employees is no small matter, as the U.S. Bureau of Labor Statistics estimated there were 86,900 manicurists and pedicurists in the U.S. in 2012. That number is expected to rise to 100,400 by 2022.

But that estimate is probably far too low, according to the California Healthy Nail Salon Collaborative, which estimates there are 97,100 manicurists in California alone right now.

Up to 80 percent of those workers are Vietnamese immigrants, and more than 50 percent are women of reproductive age.

Duyen Tran, MPH, an APHA member and the interim outreach coordinator for the collaborative, says there are several reasons that nail salon work appeals to young women in the Vietnamese community.

Some of it is the flexibility working in a nail salon can afford: Employees can tailor their schedules around their families’ needs. Another reason is the ease with which a worker can enter into the industry and start making money. Training courses, which are 12 to 18 months long, and exams are offered in Vietnamese.

“To do nail salon work you don’t need high English proficiency,” Tran told The Nation’s Health. “It doesn’t require intensive English training, so it’s really an opportunity for this recent immigrant population to enter the workforce and use it to support their families and communities in a very short time.”

But joining the workforce means exposure to known dangerous products — and potentially unknown dangers, as well.

Three chemicals pose most risks to workers

The biggest risks to nail salon workers are “the toxic trio:” Toluene, formaldehyde and dibutyl phthalate are the most common and dangerous ingredients in nail products, including polish and polish remover, that have been linked to serious health risks.

According to the Centers for Disease Control and Prevention, toluene exposure has been linked to tiredness, confusion, weakness, drunken-type actions, memory loss, nausea, loss of appetite and hearing and color vision loss. High levels of exposure have been linked to kidney damage.

Formaldehyde exposure can lead to irritation of the eyes, nose and throat, causing tearing, and skin irritation, according to CDC, and is a known carcinogen. CDC’s Agency for Toxic Substances and Disease Registry notes that dibutyl phthalate is linked to organ development issues in fetuses when exposed during gestation.

The toxic trio can be transmitted as airborne particles, through product contact with skin or eyes and via unintentional transfer of the materials to uncovered food, drink or cigarettes, according to research from the California Healthy Nail Salon Collaborative.

The Occupational Safety and Health Administration has reported that chemical levels can exceed 826 parts per million during the application of acrylics in nail salons, but proper ventilation can drop that to 12.4 parts per million.

Despite these risks, in Nails Magazine’s 2014-15 report, “Nails Big Book: Everything You Need to Know About the Nail Industry,” 34 percent of nail salon workers reported that they never wear protective gloves while working. Sixty-one percent said they never wear a mask while working. And more than half reported having work-related health concerns. Twenty-three percent said they were uninsured.

Salons can promote safety for workers

Though self-reported low numbers of nail salon workers take safety precautions, state and federal government regulations require certain steps to be taken to ensure worker safety. OSHA distributes “Stay Healthy and Safe While Giving Manicures and Pedicures: A Guide for Nail Salon Workers,” which outlines workers’ rights to health and safety for both employees and salon owners.

The guide has been translated to Vietnamese, Spanish and Korean. And OSHA has been working to reach out to communities to make sure workers’ rights are well-known, said Mandy Edens, MSPH, director of OSHA’s directorate for technical support and emergency management.

Source: The Nation’s Health; The article has been edited for length.

Concerned about chemical fumes in your salon or spa? Electrocorp has designed a wide range of indoor air cleaners for the beauty industry, which can remove airborne chemicals and particles, including toluene and formaldehyde. Contact Electrocorp for more information and a free consultation. Call 1-866-667-0297 or write to sales@electrocorp.net.

Construction workers may be exposed to silica dust, which has been linked to cancer.

Construction workers may be exposed to silica dust, which is linked to chronic lung disease.

In a classic tug-of-war between keeping contractors safe on the job and the cost of that safety, builders are battling the Occupational Safety and Health Administration over its proposed standards for silica.

Crystalline silica is found in soil, sand, granite, quartz, and other natural substances that contractors work with. When blasted, cut, or drilled, those stones and minerals produce dust that workers can inhale.

Long-term exposure can lead to respiratory problems and silicosis, a chronic lung disease.

OSHA’s plan to require more aggressive protection has been in limbo since the agency introduced it in September 2013.

After multiple extensions, the proposed rule had one of the longest public comment periods in OSHA’s history.

Although the comment period is closed, the Construction Industry Safety Coalition, a consortium of 25 trade associations, sent a report to OSHA last week saying the agency’s proposed requirements for lowering the exposure to silica on job sites could cost the industry billions of dollars more than the government has projected.

In an accompanying letter to Assistant Labor Secretary David Michaels, a lawyer for the Coalition called the proposed rule “potentially… the most expensive OSHA standard ever for the construction industry.”

The government’s case

Both sides agree that contractors working in mining, quarrying, road construction, with cement or flint, and in sand blasting and glass industries are most likely to be at risk.

But they disagree about the best way to mitigate that risk.

OSHA’s proposed construction standard would require employers to measure the amount of silica that workers are exposed to, during an eight-hour work day, to see if it could exceed a level acceptable to OSHA (25 micrograms of silica per cubic meter of air). If the exposure measures more than 50 micrograms, the company must protect workers.

In addition, the proposed rule would require construction firms to limit workers’ access to high-exposure areas; use dust controls to protect workers from inhaling higher-than-acceptable amounts of the powder; supply respirators when those dust controls aren’t enough to limit a worker’s exposure; and offer medical exams, including chest X-rays and lung function tests, every three years to workers who are exposed to high levels of silica for 30 or more days a year.

The rule would also mandate more employee training and careful record-keeping that documents workers’ exposure and medical exams.

The builders’ response

Builders and trades involved in commercial, residential, road, and heavy industrial construction have partnered to oppose the proposed rule. They back a Construction Industry Safety Coalition request for OSHA to withdraw its planned new standard and instead bolster enforcement of the existing rule.

The cross-sector Coalition claims that the proposed silica standards will cost the industry $5 billion per year—a whopping $4.5 billion more than OSHA has estimated.

“We are deeply concerned about the misguided assumptions and cost and impact errors that OSHA has relied upon in creating this proposed rule that will significantly affect our industry,” Tom Woods, chairman of the National Association of Home Builders, said in a press release.

Woods asked OSHA to put its proposal aside and instead work with the industry on a compromise that is “technologically and economically feasible [and] also works to improve industry workers’ health and safety.”

The Coalition claims OSHA’s cost estimates reflect “a fundamental misunderstanding of the construction industry.”

The Coalition’s report estimates that 80% of the cost of complying with the proposed rule will come from paying for additional equipment, labor, and record-keeping. The remaining 20% will result from increased prices for materials like concrete, glass, roofing shingles, tile, paint, and countertops, as manufacturers pass their compliance costs on to builders.

In addition, the industry has predicted that the proposed rule will lead to the loss of more than 33,000 full-time jobs among contractors, equipment suppliers, and building products manufacturers, and another 20,000 economy-wide when laid-off construction and supplier workers no longer have earnings to spend.

Add in part-time and seasonal jobs, and the number soars to 80,000 lost positions, the Coalition’s report says.

Source: Construction Dive

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The flooring products in questions allegedly release formaldehyde, which can affect people's health and well-being.

The flooring products in questions allegedly release formaldehyde, which can affect people’s health and well-being.

Los Angeles, CA — It’s bad enough to be facing a parade of lawsuits ranging from allegations of stock price affectations to defective products. However, when Anderson Cooper and the venerable 60 Minutes comes knocking at your door, you know you’re not going to have a good day.

Such are the issues facing Lumber Liquidators, a US vendor of Chinese flooring products that are alleged to have not only failed California’s so-called CARB-2 safety standards, plaintiffs also claim levels of formaldehyde in the products exceed safe limits by serious margins.

The issue takes on greater significance given the adoption of the California Air Resource Board Phase 2 (CARB-2) emissions standard for formaldehyde in manufactured products as the US standard several years ago, which finally comes into effect nationwide later this year.

According to the report aired on 60 Minutes, glue used in the production of laminate flooring can sometimes contain formaldehyde. In low levels it’s not considered a problem, especially when the formaldehyde is encased in the product, preventing emissions from escaping into the air.

The problem with Lumber Liquidators Flooring formaldehyde, according to the allegations, is that a greater level of formaldehyde is used in the production of products for Lumber Liquidators, in an effort to keep costs down.

Such a high level of formaldehyde, according to environmental experts interviewed by CBS News for 60 Minutes, can succeed in escaping from the product into the air, making homeowners ill.

That’s the allegation carried in a Lumber Liquidators Defective Flooring Class Action Lawsuit filed by John and Tracie-Linn Tyrrell in federal court in California March 5.

According to the Richmond Times Dispatch (3/5/15), John Tyrrell began experiencing symptoms that include extreme shortness of breath, weakness, fatigue, and incessant coughing and sneezing shortly after he and his son-in-law installed the laminate flooring.

“Despite repeated medical tests, his doctors have not been able to identify the cause of these symptoms,” the lawsuit claims.

The proposed class action seeks to represent any consumer who purchased Chinese flooring products from Lumber Liquidators in the last four years. They seek re-imbursement for the material and installation, as well as unspecified damages.

The lawsuit also seeks to force Lumber Liquidators’s hand by having an injunction granted, preventing the company from selling the allegedly defective products.

“Based on lawsuits, articles and blog posts, [Lumber Liquidators] knew or should have known that its laminate wood flooring products were not compliant with [California emissions] standards,” the lawsuit said.

“Despite this knowledge, defendant failed to reformulate its flooring products so that they are compliant or to disclose to consumers that these products emit unlawful levels of formaldehyde.”

Lumber Liquidators, according to the Dispatch report, is “currently reviewing the allegations contained in this lawsuit,” the company said.

“It appears that many of the claims mimic contentions raised in a separate suit that was filed by a law firm that also represents a short-seller, which looks to benefit from decreases in our stock price, in another action against us. We believe in the safety of our products and intend to defend this suit vigorously.”

Out of 31 samples of Chinese flooring products imported by Lumber Liquidators independently tested by 60 Minutes at two certified testing labs, all but one sample presented with seriously high levels of formaldehyde that exceeded state and pending federal guidelines.

Upon dispatching reporters to the manufacturing facility in China, 60 Minutes was told the facility had the capability of manufacturing to the CARB-2 standard, but switched to cheaper manufacturing methods that utilized higher levels of formaldehyde in the wood glue for products manufactured for Lumber Liquidators.

Officials of the manufacturing facility also admitted to 60 Minutes reporters using a hidden camera that products were improperly labeled as CARB-2 compliant, or so it is alleged.

In a filing, Lumber Liquidators said “we believe that ‘60 Minutes’ used an improper test method in its reporting that is not included in California regulations and does not measure a product according to how it is actually used by consumers. We stand by every single plank of wood and laminate we sell all around the country.”

The case is John Tyrrell et al v. Lumber Liquidators Inc., Case No. 2:2015cv01615, California Central District Court.

Source: LawyersandSettlements.com

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Hair stylists who use certain products may harm their health.

Hair stylists who use certain products may harm their health.

NEW YORK – All a receptionist at Salon Zoë hair salon wanted to do was make her fellow employees aware of health hazards associated with products containing formaldehyde that were regularly used by haircutters and stylists at the business in the Riverdale section of the Bronx.

Her employer responded by firing her.

As a result, the U.S. Department of Labor is suing the business and its owner, Kristina Veljovic, for discrimination, and seeking redress and compensation for the worker who exercised her rights under the Occupational Safety and Health Act.

“This firing was illegal and inexcusable,” said Robert Kulick, regional administrator in New York for the Labor Department’s Occupational Safety and Health Administration.

“It’s against the law to fire or otherwise retaliate against an employee for informing colleagues about possible health hazards in their place of employment. Such behavior not only intimidates workers, it also can deny them access to knowledge that will protect them against workplace hazards.”

The suit filed in the U.S. District Court for the Southern District of New York says the worker began to experience respiratory distress in December 2011, including difficulty breathing and an impaired sense of smell. She sought medical attention on multiple occasions over the next several months. During this period, she also told her employer that she believed the salon’s hair-straightening products, which contain formaldehyde, were causing her health problems.

On June 27, 2012, she informed fellow employees of the presence of formaldehyde in the salon’s products and provided several co-workers with copies of an OSHA fact sheet* detailing the dangers of formaldehyde exposure.

Two days later, Kristina Veljovic terminated her employment. In July 2012, a physician confirmed that the worker’s respiratory distress resulted from her formaldehyde exposure at work. She subsequently filed an antidiscrimination complaint with OSHA, which investigated and found merit to her complaint.

“No employee should be fired for raising awareness of a potential workplace health hazard,” said Jeffrey Rogoff, the regional Solicitor of Labor in New York. “Under the Occupational Safety and Health Act, the Labor Department has the authority to file suit against employers who retaliate against employees and it will do so when the case warrants. This is clearly one of those cases.”

The department’s lawsuit asks the court to affirm the discrimination charge and permanently prohibit the defendants from illegally retaliating against employees in the future.

It also seeks payment of lost wages as well as compensatory, punitive and emotional distress damages to the employee, an offer of reinstatement with full benefits and seniority and the removal of all references to the matter in the worker’s employment records.

It would also require the employer to prominently post a notice that she will not discriminate against employees.

In a related action, OSHA’s Tarrytown Area Office conducted an inspection of Salon Zoe and cited the company in December 2012 for lack of a chemical hazard communication program and for not providing the salon’s employees with information and training on formaldehyde and other hazardous chemicals.

OSHA enforces the whistleblower* provisions of the OSH Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available here.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

Source: OSHA

Remove dangerous chemicals in salons and spas

Hair salons, beauty centers and spas often use products that can contain and emit harmful chemicals and fumes.

Electrocorp's CleanBreeze 3 was conceived specifically for salons and spas

Electrocorp’s CleanBreeze 3 was designed for beauty salons and spas

These substances can affect worker health and well-being, especially after long-term exposure.

Electrocorp has designed a wide range of air cleaners for the hair styling and beauty industry, which help remove harmful fumes, chemicals, particles, odors and other contaminants from the ambient air.

Other air purifiers, such as Electrocorp’s CleanBreeze3, comes with a source capture attachment that can be positioned close to the head where the treatment is being used and helps remove harmful chemicals such as formaldehyde before they spread.

For more information and a free consultation, contact Electrocorp by calling 1-866-667-0297 or writing to sales@electrocorp.net.

IBM and plaintiffs settle over TCE spill suit.

IBM and plaintiffs settle over TCE spill suit.

IBM Corp. will settle a lawsuit brought by 1,000 plaintiffs who alleged that toxic spills from the company’s former Endicott manufacturing plant caused illnesses and deaths, damaged property values and hurt businesses.

Both sides announced the settlement without revealing details of the agreement.

“IBM and the plaintiffs’ counsel have reached this agreement in an effort to resolve these cases without further burdensome and expensive litigation,” said the joint statement from the litigants.

The settlement brings to a close a more-than six-year saga in which IBM and those who claim they were harmed by the toxic releases waged a fierce legal battle on monetary rewards.

Affected residents, in a multi-million-dollar liability lawsuit against IBM, claimed the company should pay for the damage caused to residents around what once was the company’s main domestic manufacturing facility.

From 1935 to the mid-1980s, IBM used TCE (trichloroethylene) to clean metal parts in degreasers at its industrial campus in the Village of Endicott. In 1979, the company discovered some of the TCE had pooled in groundwater beneath the facility and appeared to be migrating.

Soil vapor intrusion

Contamination from soil vapor intrusion was detected by the late 1990s, and by 2002, IBM began testing the air at the request of state health and environmental agencies. Basement ventilation systems were eventually installed in more than 400 homes.

Settlement negotiations between the parties began last July, when state Supreme Court Justice Ferrous D. Lebous requested that representatives of both sides start meeting about an out-of-court settlement. Negotiations were apparently successful, culminating with Tuesday night’s release that the parties agreed to a settlement that satisfied both sides.

Lawyers of those who brought the suit against IBM said they will conduct meetings with clients over the coming weeks to present terms of the settlement.

IBM representatives said the company will continue the environmental cleanup that has been ongoing since the widening toxic plume was discovered.

Pumps spread throughout Endicott pull pollution from the ground through structures called recovery wells.

Over time, these wells have grown in number from four to more than 22, and to date, they have recovered more than 815,000 pounds of trichloroethylene and other toxic chemicals, with an unknown amount remaining beneath the village.

Company officials have never publicly explained IBM’s role in the disaster, and their legal position was that the company always handled chemicals responsibly and in accordance with standards of the day. They have not denied their former operations were a primary contributor to the pollution. They have not admitted it, either, nor have they offered a detailed explanation of the source of the problem.

Cleaning up industrial solvents

Representatives of the company said it was cleaning up the solvents from multiple industries that have operated in the region’s industrial corridor for generations. Endicott was also home to the vast shoe manufacturing empire of Endicott Johnson Corp., once the region’s largest employer.

However, the toxic-liability suit named only IBM as the source of the chemicals that tainted parts of Endicott’s commercial district and nearby residences.

IBM sold the 140-acre campus to Huron Real Estate Associates in 2002. Current tenants include i3 Electronics (formerly Endicott Interconnect), BAE Systems and Binghamton University, among others.

Lawyers for IBM have long contended it was following the responsible path, picking up the sizable costs for cleaning the spill and providing venting systems for properties designated at-risk for vapor intrusion.

Both sides scored initial victories as the case wound its way through the courts. Lower courts ruled against IBM’s motion to have the case dismissed, and ruled in favor of a plaintiff’s motion to have charges of negligence — the underpinnings of the case — tried before a jury.

But lower court rulings also eliminated or limited some aspects of the litigation, including the charge that the pollution constitutes a trespass in all cases, and the claim that IBM should be held accountable for monitoring the medical condition of all plaintiffs, including non-property owners.

IBM was also able to limit claims for medical monitoring to only people claiming other damages, such as illness or property loss. That eliminated claims for a potentially large group of plaintiffs — renters and children, for example — who may have been exposed but did not develop illnesses or suffer property damage.

Source: PressConnects

Remove TCE and other gases with air cleaners

Soil vapor intrusion and other sources of chemical exposure can affect health and well-being – especially with long-term exposure.

Electrocorp offers industrial-strength air cleaners with activated carbon and HEPA plus optional UV filtration to remove dangerous pollutants from the ambient air – no matter how big the space. Activated carbon is a trusted filtration media for chemicals, gases, fumes and odors, and it can remove hundreds of chemicals, including TCE, formaldehyde and benzene.

Check out Electrocorp’s air cleaners for chemical and odor control and contact Electrocorp for a free consultation: Call 1-866-667-0297 or write to sales@electrocorp.net.

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